Lipkin Gorman V Karpnale Ltd - Judgment

Judgment

The House of Lords held that £150,960 should be repaid as money had and received, and the club was also liable for damages of £3,735 to the solicitors for conversion of a banker’s draft that had been used once for gambling, rather than cash.

Lord Templeman said, the money could be recovered.

if they can show that in the circumstances the club was unjustly enriched at the expense of the solicitors… The club received stolen money by way of gift from the thief; the club, being a volunteer, has been unjustly enriched at the expense of the solicitors from whom the money had been stolen and the club must reimburse the solicitors.

Lord Goff said that the change of position defence was debated but

the consensus being to the effect that such a defence should be recognised in English law. I myself am under no doubt that this is right.

Read more about this topic:  Lipkin Gorman V Karpnale Ltd

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Judgment

Judgement (or judgment) is the evaluation of evidence in the making of a decision. The term has four distinct uses:

  • Informal - Opinions expressed as facts.
  • Informal and psychological – used in reference to the quality of cognitive faculties and adjudicational capabilities of particular individuals, typically called wisdom or discernment.
  • Legal – used in the context of legal trial, to refer to a final finding, statement, or ruling, based on a considered weighing of evidence, called "adjudication". See spelling note for further explanation.
  • Religious – used in the concept of salvation to refer to the adjudication of God in determining Heaven or Hell for each and all human beings.

Famous quotes containing the word judgment:

    The objects of a financier are, then, to secure an ample revenue; to impose it with judgment and equality; to employ it economically; and, when necessity obliges him to make use of credit, to secure its foundations in that instance, and for ever, by the clearness and candour of his proceedings, the exactness of his calculations, and the solidity of his funds.
    Edmund Burke (1729–1797)

    The percept is the reality. It is not in propositional form. But the most immediate judgment concerning it is abstract. It is therefore essentially unlike the reality, although it must be accepted as true to that reality. Its truth consists in the fact that it is impossible to correct it, and in the fact that it only professes to consider one aspect of the percept.
    Charles Sanders Peirce (1839–1914)

    My judgment is that neither House of Congress, nor both combined, have any right to interfere in the count. It is for the Vice-President to do it all.... There should be no compromise of our Constitutional rights.
    Rutherford Birchard Hayes (1822–1893)